Local

TORRINGTON — For the second time within a year, the city is demanding Tax Collector Robert T. Crovo turn unclaimed tax overpayments he has historically kept for himself to the treasurer.

Mayor Elinor C. Carbone said this time, the city will not back down: "I stand firm on my demand that those overpayments be turned over to us."

The volley by the city against its private tax collector was fired in an April 17 letter from Raymond J. Rigat, Corporation Counsel. The same letter places other, new mandates on Crovo, including a demand for bank statements and statements showing refunds.

The notice ends with a clear message: Comply or consider yourself in breach of contract, the letter says.

IT IS UNCLEAR HOW THE CITY WILL PROCEED if Crovo ignores or fights these latest demands. Efforts to enforce its June order stalled when Crovo filed a lawsuit claiming breach of contract, Carbone said.

Crovo has worked as the city's privately contracted tax collector since 1999. He works independently of the city to collect the annual $81.5 million tax levy and guarantees that the city enjoys a 100 percent collection rate.

His contract, which is valid through May 31, 2015 and pays a base of about $100,000, allows him to keep interest and penalties on delinquent accounts. The city and past Sunday Republican investigations have found that Crovo also supplemented income for the tax collection business by retaining payments made to tax accounts either in error or that were adjusted after tax bills were paid.

Overpayments average about $200,000 a year, city records show.

The city's wrangling with Crovo about overpayments began last May, when at the direction of former Mayor Ryan J. Bingham, the city mailed 953 notices to taxpayers informing them they could be owed a refund.

Taxpayers have up to three years from the time the tax is due to request a refund. Refunds for the 2010 tax year must be applied for in writing before June 30.

IN CONNECTICUT'S OTHER 168 MUNICIPALITIES, the town or city is responsible for accounting for those overpayments.

Though the law does not dictate taxpayers must be informed, most tax collectors alert taxpayers so they may submit proper written application for refunds.

In Torrington, Crovo negotiated mandatory notification out of his last contract, according to court filings, and is required only to post overpayments to online tax accounts three months before they become uncollectable.

In his April 17 letter, counsel Rigat wrote to Crovo's attorney, Eliot B. Gersten, that Crovo has not complied with the demand issued in a letter last June.

The city sent the June letter in the weeks after complaints rolled in about poor customer service in the tax office and the difficulty taxpayers were having obtaining refunds.

The city appears to have done nothing before June to attempt the collection of overpayments since Crovo took the job in 1999. However, officials determined last year that his contract does not permit him to keep such funds, and therefore decided to pursue them.

"No provision is made for the Tax Collector to keep overpaid taxes for himself," Rigat wrote last year in demanding all unclaimed overpayments be turned over to the city.

"The City now reiterates its demand," Rigat wrote in the April 17 letter.

OVERPAYMENTS FOR THE LAST THREE TAX YEARS total $555,630, The Sunday Republican learned through Freedom of Information Requests to the city.

Carbone, who was elected mayor in November, said the city was unable to pursue last year's demand because of the lawsuit.

Crovo later dropped that lawsuit, but the city still is in the process of auditing the tax office. The audit began as part of discovery before Crovo withdrew the lawsuit.

With a final report due at the end of June, auditor Ron Beaulieu of Portland, Maine has requested Crovo turn over other reports that according to state statute should be public record.

In the same April 17 letter, Rigat told Crovo's attorney he must turn over state-mandated annual tax collector reports, bank statements, statements of refunds of excess payments and applications for sewer refunds, or be in breach of contract by refusing to comply with the audit.

CROVO'S ATTORNEY, TO WHOM THE LETTER was addressed, did not respond to a request for comment. Crovo has repeatedly ignored requests for comment on this and other matters involving his relationship with the city.

Carbone said the city has state law on its side and will pursue any means necessary to force Crovo to comply.

"After July 1 if those payments are not turned over to the city we will take whatever action is necessary to procure those refunds," she said.

Contact Alec Johnson at ajohnson@rep-am.com, on Facebook at RA Torrington or on Twitter @RA_Alec.

" Barring anything else, doesn't state law require that the unclaimed overpayments be turned over to the state unclaimed property division? If he has not done this, is he not also in violation of state law? In which case, why is the state not going after him too? "

" The mayor is going to stick to her guns,really? Here's a thought,if you're going to stick to your guns,then tell this Stupid Clown,the Sheriff of Nottingham,you mean business,have this stupid clown ARRESTED FOR EMBEZZLEMENT!

If there ever was a case of Embezzlement,this one has that word written and neon lights all over it! "

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